Judgment Of Goodwill In Bona Fide Acquisition System

The property law promulgated, our good faith acquisition system is applicable only chattel. After the introduction of property law, the scope of application of the system of good faith acquisition expand to real estate. However, the real right law has not done the detailed explanation to the system of bona fide acquisition of bona fide, nor to the chattel and estate bona fides judgment to distinguish rules, which caused difficulties for the judicial practice, caused the attention of scholars. Based on this, the author unifies the judicial practice has carried on the discussion on the bona fide acquisition bona fide system,hope to be able to clear the judgment standard of bona fide, to guide the judicial practice. The main body of the thesis consists of four parts:The first part is about the bona fide acquisition systems and problems of our good faith. This part mainly includes the meaning, scope, in good faith, as well as related theories and bona fide judge the main problems existing in the judicial practice of our country.The second part is the comparative analysis part. Mainly discusses thelegislation and judgment of Germany, Japan, Switzerland, the characteristics of three countries of the respective bona fide. And on this basis, summarizes their similarities and differences, thus summed up the place of value judgment on our bona fide, provide a way to solve the problem of bona fide judgment in the judicial practice of our country.The third part is the real estate bona fide acquisition in good faith judgment problem. This part firstly analyzes the legal basis of bona fide chattel judgment,then further elaborates the moving path and elements of the judgment to judge the elements of the property in good faith, emphasize the movables judgment is a subjective judgment of bona fide possession, need to trust and other objective facts together considering.The fourth part is the real estate bona fide acquisition in good faith judgment problem. This part has some similar structure chapter. Mainly introduces thereal estate legal basis of bona fide judgment, judgment of the path and the objective standard. Focuses on real estate bona fide,judgement should take the principle of distinction, as the distinction between different according to the pattern of property right change, with the registration validity doctrine for the transference of real right of real estate should adopt an objective good faith judgment path, with patterns of real right alteration registration again streal estate should take subjective judgement of good faith path. In judging the standard, can not take the judgment standard of pure objectivity, and reasonable price is not real property in good faith judgment standard requirements, the registration error and real estate the transferee does not know the registration error is real estate bona fide judgement factors need to be considered.